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BAFNA PLASTIC IND. P LTD. & ORS v RAN MAL & ANR - CFA Case No. 132 of 2005  RD-RJ 4791 (26 September 2007)
S.B. Civil First Appeal No. 132/2005
Bafna Plastic Industries Pvt ltd. & Ors.
Ran Mal & Anr.
Date of order : 26.9.2007
HON'BLE MR. PRAKASH TATIA, J.
Mr.Himanshu Maheshwari, for the appellant.
Mr. JK Bhaiya ]
Mr. SON Bhatt ]
Mr. RR Choudhary ], for the respondents.
Compromise has been filed by the parties in the court, which has been verified by the Dy. Registrar (Judl.) on 24th Sept., 2007.
Both the learned counsel for the parties submitted that instead of dismissing the appeal as withdrawn,the decree may be passed in terms of the compromise as in fact,the appellants agreed to pay Rs.12 lacs for the satisfaction of the decree to the respondent Ran Mal and this amount will be paid by 15th Nov., 2007. It is agreed that in case the appellants failed to pay Rs.12 lacs upto 15th Nov., 2007 then the respondents will be free to execute the decree granted by the trial court for recovery of the whole decretal amount from the appellants. Both the parties will bear the cost throughout.
In view of the above settlement arrived at between the parties, the appeal is partly allowed and impugned decree is modified only so far as it relates to the relief and it is decreed that the appellants shall pay Rs. 12 lacs to the respondent Ran Mal, which shall be payable by 15th Nov., 2007. In case of default by appellants, the respondents shall be entitled to recover the entire amount of the decree, which was granted by the trial court by judgment and decree dated 19.2.2005. The parties shall bear their own costs.
Learned counsel for the parties submitted that the matter has been settled in the spirit of the Lok Adalat, therefore, the court fees amount may be ordered to be refunded.
Since the matter has been settled at earliest possible time with the efforts of the parties, therefore, in the interest of justice, it is ordered that the court fees amount be refunded to the appellants.
Certificate may be issued in the name of learned counsel for the appellants and the due receipt of the payment of the court fees amount obtained from the appellants be submitted in the court by the learned counsel for the appellants.
(PRAKASH TATIA), J. c.p.goyal/-
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